Opinion
June 21, 1907.
Robert Van Iderstine, for the appellant.
George M. Curtis, for the respondent.
Present — INGRAHAM, McLAUGHLIN, LAUGHLIN, CLARKE and SCOTT, JJ.
The complaint states a cause of action. It charges either directly or inferentially that the firm of Tobin Tobin is connected in business with and pursuing the methods of one Anthony, who, according to the articles, has been notorious for years as a broker of bogus insurance; that he was once convicted for selling "fake" policies and served a sentence in jail. The articles certainly have a tendency to injure the business of the firm by charging that the persons connected with it are not honest, and that the firm is doing a dishonest business. They are libelous per se. Whatever injures the firm injures each partner, and each may maintain an action to recover the damage caused thereby to his interest. (18 Am. Eng. Ency. of Law [2d ed.], 1055.)
The judgment appealed from should be affirmed, with costs, with leave to the defendant to withdraw its demurrer and interpose an answer on payment of costs in this court and in the court below.
Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs.